The opinion
CLARK, J.
While concurring in the judgment and opinion of the court, I wish to emphasize a statement in that opinion which might otherwise be overlooked: In determining whether petitioner’s term should be enhanced, the board may consider the conduct underlying the prior convictions as part of his social history. {Ante, p. 436.) Indeed, the board must do so. The Legislature has declared that in fixing a term under section 1170.2, “the board shall be guided by the following finding and declaration hereby made by the Legislature: that the necessity to protect the public from repetition of extraordinary crimes of violence against the person is the paramount consideration.” (Pen. Code, § 1170.2, subd. (b).) Petitioner’s priors were for violation of Penal Code section 288. Lewd acts on a child under 14 as defined in section 288 have been declared by the Legislature to be “violent felonies” for the purpose of sentence enhancement. (Pen. Code, § 667.5.) Therefore, the board must consider the conduct underlying the priors.
Petitioner’s application for a rehearing was denied December 24, 1980.